DELTA AMERICAN HEALTHCARE, INC. v. BURGESS

No. 41,108-CA.

930 So.2d 1108 (2006)

DELTA AMERICAN HEALTHCARE, INC., Plaintiff-Appellant v. Tory BURGESS and John Warner Smith, Secretary of Labor, Louisiana Department of Labor, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

May 17, 2006.


Attorney(s) appearing for the Case

Cook, Yancey, King & Galloway, by Charles W. Penrod S. Price Barker, Shreveport, for Appellant.

Tory Burgess, in Proper Person.

Douglas E. Horner, Norbert C. Rayford, Baton Rouge, J. Jerome Burden, for Appellee, Louisiana Department of Labor Legal Division.

Before WILLIAMS, GASKINS and DREW, JJ.


GASKINS, J.

The issue in this appeal is whether a claimant who was fired for sleeping on the job is disqualified from receiving unemployment benefits. Delta American Healthcare, Inc. ("Delta") appeals from a judgment of the trial court affirming the decision of the Louisiana Board of Review for the Office of Regulatory Services ("board of review") to allow the claimant, Tory Burgess, to receive unemployment benefits. Finding that the claimant is not disqualified under...

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